Thought Leadership
The Building and Construction Industry Security of Payment Act 1999 (the Act) is an incredibly effective way for participants in the construction industry to maximise their chances of fair and prompt payment of invoices rendered.
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Can a Builder Increase a Fixed Price Contract Due to Rising Material Costs?
Builders are being squeezed by rising material and labour costs. Fixed‑price contracts make this even harder. This article explains how rise and fall clauses work, when they help, and the risks if they are not drafted well.
NCAT Building Disputes: 5 Common Misconceptions Explained by Home Building Dispute Lawyers
There are a number of misconceptions about how home building claims are dealt with by the New South Wales Civil and Administrative Tribunal (NCAT).
The Danger of Ignoring Your Inbox: Payment Claims and the Security of Payment Act
Under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), strict deadlines apply to the service of payment claims and payment schedules. A recent Court of Appeal decision has confirmed that even an email address used informally in project communications may be used to validly serve payment claims under the Act.
Unhappy with a Home Building Decision at NCAT? Your Appeal Options
This article deals with some of the most frequently asked questions concerning NCAT home building appeals.
Case Review: Lesson for Builders re Security of Payment Act NSW – How Late night emails, lost millions
This case underscores the importance of procedural discipline around payment claims issued under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act).
The High Cost of Ignoring Defect Complaints for Residential Builders
A recent $2 million Supreme Court decision highlights the costly consequences for residential builders who fail to respond reasonably and promptly to defect complaints—especially when trust with the homeowner breaks down.
Copyright Infringement in Building Plans: What NSW Builders Need to Know
Copyright disputes can be complex, and the way you handle the situation may have significant effect on the outcome you are ultimately able to achieve.
Navigating Copyright Infringement Claims in Building Plans: A Guide for Builders
In Australia, copyright law plays a critical role in protecting the intellectual property of builders.
High Court clarifies builders’ liability for defects under DBP Act
Builders and developers in NSW should take note of the recent High Court decision in The Owners – Strata Plan No 84674 v Pafburn Pty Ltd.
Building Commission NSW: Increasing Activity and the Impact on Builders
The Building Commission NSW is increasing its enforcement activity, imposing penalties on licensed builders for alleged statutory warranty breaches—even in cases where defects are disputed in NCAT. Understanding how rectification orders, improper conduct findings, and penalties can impact your business is essential for NSW builders navigating compliance risks.
2024 Security of Payment Law Amendment
Recent Security of Payment Law Amendment Improves Consumer Protections for Homeowners and Emphasise the Importance of Contractor Compliance with Home Building Laws BUT has the door been left open for abuse?
A New Regulator for Residential Building in NSW
The Residential Housing Sector is witnessing a major overhaul in its regulatory framework from recent legislative changes aimed at fortifying the trust and reliability in home construction.
